After reading it again, I'm going to attempt a translation of this post:
RBBailey said:
No, not mob rule. But when the vote is cast, the vote is cast, and that is democracy. Do the sexual acts of the people in the privacy of their homes even fit into a discussion on law, let alone the purview of law? No, of course not. And the courts would have the right to throw down that law, it falls completely outside of the jurisdiction of the constitution... which is exactly what I am arguing in regards to gay marriage.
Trying to make sense of it, I see you saying the following:
* The sexual acts of people in the privacy of their homes does not fit into the purview of law
* The courts have the right to throw down a law prohibiting oral sex.
* A law prohibiting oral sex falls outside the jurisdiction of the constitution.
And
* You make the same case in regards to gay marriage
Ergo...
* The sexual acts of people in the privacy of their homes does not fit into the purview of law
* The courts have the right to throw down a law prohibiting gay marriage
* A law prohibiting gay marriage falls outside the jurisdiction of the constitution.
While your logic on things "falling outside the jurisdiction of the constitution" is a bit flawed... you just made an argument supporting the courts striking down that law as they did. Do you realize that?
In the case you sited, the law is so far outside of constitutional bounds that the courts should really just dismiss it as being outside of their jurisdiction.
But here you say the case should be dismissed, instead.
In doing so, they show that the law is outside of Constitutional bounds and should be abolished.
Or maybe you don't... now you say the law should be abolished.
In practice, they would, and should of course find that the law is unconstitutional.
And there you confirm that it should be abolished, as it is unconstitutional.
So you do believe it is within the court's power to strike a law down as unconstitutional.
Not because it deals with something that should be legal, but because the constitution simply does not have anything to do with those issues.
So... with that logic... anything that the constitution does not have anything to do with... should be stricken down as unconstitutional.
At this point, I am starting to get lost as to what exactly you are trying to say, and your point to saying it. You've already said you disagree with the court ruling that the gay marriage ban is unconstitutional. But in this post, up till this point, you are giving arguments supporting the court ruling. At the same time, your argument in favor happens to be flawed, and full of tortured logic. Bizarre.
If a law is passed which has nothing to do with constitutional law, the courts should not hear the case, but instead let the people of the state or jurisdiction eventually work it out themselves.
This notion of "a law which has nothing to do with constitutional law" really demands further explanation.
The Constitution grants powers to the government. A law which has nothing to do with constitutional law... would be one not included within the bounds of power granted to the government. Which means that it is not within the government's power to pass. Which in turn means it is unconstitutional. Which means it is the court's duty to strike it down.
I argue that gay marriage is not a right under the law
OK
neither is heterosexual marriage for that matter
Actually, it is. If it were not (in the form of a legal status) this case would not exist.
that the court should have nothing to do with such things
OK, I agree with that. But "should" doesn't mean "does", even if you think it "should".
and that the frustration of the people with their state and local governments on such things should prod them to take the matter into the private sector -- marriage should be a private, religious institution.
Please clarify. Are you saying it should be a private institution AND a religious institution? Or are you saying that it should be a religious institution that is private? I would agree completely with the former, and strongly disagree with the latter. That is some serious ambiguity.
When the people of California passed that law to ban gay marriage, they may have been just as wrong to do so as the court that eventually overturned the law.
This statement, and the logic behind it, is completely and utterly broken and nonfunctional. It contradicts itself in mid-stride. If they were "wrong to do so", it is the duty of the court to overturn it... as you so ineloquently argued yourself earlier in this same post. Which means they weren't wrong to overturn it. But if they were not wrong in overturning it, and the passing of the law was just as wrong, that means it wasn't wrong to pass, in which case the court would have been wrong to overturn it, in which case OH CRAP I'M TRAPPED IN A LOGICAL MOBIUS STRIP AND I CAN'T GET OUT!
Neither is constitutional.
So... passing the law was unconstitutional. But removing the law is also unconstitutional... therefore unconstitutional laws stay on the books, and must be followed? That's nuts.
It is a symptom that the Left deals with daily, the placement of government in the God-shaped hole in their lives.
Whoah... persons with left-leaning politics are all atheists? That's pretty far out there, dude.
Is it really to get a piece of paper?
Yes. It's a legal document. Kind of like a title to a car, or a deed to land, an official birth certificate, or other such important papers.
It is a scam. It is nothing more than a political power grab at the expense of the homosexual populace who think they have just pulled off a human rights coup.
OK, I'll assume "at the expense of" is a relic from an earlier statement that was later rewritten, and as a simple mistake.
So, what is the motive behind this "power grab"? Is there another step, or end-goal to be feared? If so... why?
Actually... scratch that. Don't answer it. I fear that asking you an open-ended question like might be seen as trolling. Don't want to be a troll.
On that note, I think I'm done, or at least should be. People seem to be sick of this topic. I'm certainly not helping... maybe I should just let it go, too.